Atlanta Injury Lawyer Blog

Georgia Physicians Shouldn’t Get Special Treatment Over All Other Georgia Citizens

January 11, 2010 | Robin Frazer Clark

How many hoops should you have to jump through to get justice? It’s a fair question that many people struggle with. Recently, the CEO of a Georgia medical services company suggested in a guest column in the Atlanta Journal and Consitution on Friday, January 8, 2010, that to be really sure that Georgians who have been harmed by negligent medical care are worthy of justice we should subject them to one more hoop. Not coincidentally, it’s a hoop that benefits only medical professionals and insurance companies – the only two interest groups that profit when injured patients are prevented from securing justice.

What this CEO has proposed is that, instead of allowing victims of medical malpractice the same Constitutional Right to Trial by Jury enjoyed by all other Georgians, people harmed by medical malpractice would have to get permission to have a jury trial from a “screening panel” comprised of members of the medical and insurance industries, the same entities that want to avoid compensating injured patients. This approach is wrong and adds an unnecessary, ineffective layer to our civil justice system.

The fact is all medical malpractice cases brought in Georgia have already been through multiple screening hoops. The first hoop is that you have to have had something very bad happen as a result of malpractice. Your next hoop is that you have to find a lawyer willing and able to take your case. That lawyer will tell you that there is another, special hoop that protects only professionals charged with negligence. In order to pass through that hoop, the patient must find a medical professional willing to publicly criticize their colleague and sign a document swearing that malpractice happened. So far your case has been screened three times: Something bad happens. You find a lawyer who will invest in helping you find justice. And, you find another doctor who agrees that there was malpractice and is willing to say so. Then there’s a fourth screening before you can have a jury hear your case: the judge must screen the case, too.

Paired Donor Program for Kidney Transplant a Miracle

January 5, 2010 | Robin Frazer Clark

Some of you may remember a blog post I wrote several months ago about Giovanni Santos, a young man here in Georgia who desperately needed a new kidney. Giovanni has been undergoing dialysis every day to keep him alive until a donor kidney turned up for him. Well, today is the day. Through the remarkable “paired donor” program, Giovanni will receive a kidney from a non-relative somewhere in Texas who matches Giovanni and simultaneously, the family in Texas will receive a kidney from Michelle Santos, Giovanni’s mom, whose kidney didn’t match her son’s but did match the person who needs a new kidney in Texas. Amazing, isn’t it? Please keep the Santos Family and their surgeons in your prayers so that all goes well and keep the Texas Family in your prayers, also. Below is an article published by 11Alive.com on the surgeries occuring today in two states.

You can learn more about the paired donation program at the Paired Donation Alliance. In 2009 People Magazine honored 20 individuals as the People Most Unselfish Heroes of the Year who created the longest kidney donation chain ever. Another amazing story!!

He’s Finally Going To Get The Healthy Kidney He Desperately Needs

Don’t Drink and Drive on New Year’s Eve: Take a Cab!

December 30, 2009 | Robin Frazer Clark

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Tomorrow night is New Year’s Eve, a night when those who have had too much to drink from celebrating the New Year will, undoubtedly, be out on the road. This is known to be such a dangerous night to drive that a funeral home in Rome, Georgia is actually offering a free burial to anyone who dies from driving drunk tomorrow night. No joke! I can assure you the Georgia State Patrol is preparing for tomorrow night. They will have various random road blocks to check for possible DUI’s and they will arrest plenty of intoxicated drivers.

December is “Drunk and Drugged Driver Awareness Month” in Georgia as holiday parties can increase the number of impaired drivers on the state’s roads. Leading into the Christmas and New Year’s weekends, Georgia State Troopers and officers with the Motor Carrier Compliance Division will concentrate on intercepting impaired drivers on the roads before they can cause a traffic crash. In what is one of the more morbid activities performed by the Georgia State Patrol, the GSP predicts during Holiday driving periods how many Georgia drivers are likely to be killed in motor vehicle accidents. For example, The State Patrol predicted 16 people would die

during the Christmas holiday weekend, which turned out to be safer than expected on Georgia roads. Twelve people were killed during the 78 hour period. Likewise, The Georgia State Patrol predicts that 16 people will be killed in wrecks over the 78 hour New Year’s holiday period, which begins at 6 PM Thursday. Many of those traffic fatalities will involve drinking. Roughly one-third of the traffic deaths each year in Georgia involve an alcohol or drug impaired driver. The Georgia State Patrol has “Nighthawks” division, the Nighthawk DUI Task Force, which was recognized by the International Association of Chiefs of Police as the outstanding DUI team in the nation in 2005. The Nighthawks patrol the roads of Georgia looking to find DUI drivers and get them off our roads.

Window Blinds Recalled

December 15, 2009 | Robin Frazer Clark

The Consumer Product Safety Commission has recalled over 50 Million window blinds due to the potential for choking small children. Parents and grandparents who have blinds in their homes, in my opinion, should immediately remove them. If you want to be certain that the brand of blind you have in your home has been recalled (and there is a good chance it has) you may check the Consumer Product Safety Commission’s website to confirm this.

That window blinds pose a threat of strangulation to small children has been widely known for years. Just ask the group Parents For Window Blind Safety. There are other potential strangulation hazards in every home you must be concerned with. You may remember that the young daughter of the former professional boxer, Mike Tyson, recently was killed by strangulation by a looped cord on a treadmill, in a similar manner that these window blinds strangle children.

I think the bottom line is that we cannot wait for the CPSC to act on dangers to our children. That commission simply waits too long to act. Check your home for dangerous blinds now and remove them.

Robin Frazer Clark Announces Candidacy for Secretary of State Bar of Georgia

December 4, 2009 | Robin Frazer Clark

I am proud to announce my candidacy for the office of Secretary of the State Bar of Georgia. This is an important election because it will determine the direction the State Bar takes in the next few years. I believe my experience working with the Georgia General Assembly as President of the Georgia Trial Lawyers Association, and in the years since then, will greatly help the State Bar’s effectiveness with the Legislature, which I believe will be crucial in the coming years.

Below is my letter announcing that I am running for Secretary that I sent to the Executive Committee of the State Bar and to the Board of Governors:

Dear Friends:

Use Caution With So-Called “Herbal Remedies”

November 23, 2009 | Robin Frazer Clark

Have you been taking so-called “herbal remedies?” BE CAREFUL. I am particularly interested if you have been taking a homeopathic drug called “Tobacco Addiction,” the manufacturer of which boasts can eliminate your addiction to smoking. If you have been taking that homeopathic drug, please call me. This is a drug made right here in Georgia which many Georgians may be taking unawares.

There appears an interesting article at cnn.com , “Herbal Remedies Need Real Scrutiny” about herbal remedies or homeopathic drugs and they remain unregulated in the United States, even though many of these drugs have been known to cause severe side effects and don’t do what they say they will do. These drugs are not monitored by the DEA whatsoever, and may be causing real harm to users. In fact, if you search the Drug Enforcement Agency’s website, http://www.justice.gov/dea/index.htm for “homeopathics,” nothing even mentioning homeopathics is found. You will find helpful information about these drugs at the National Institute of Medicine’s website: http://www.nlm.nih.gov/medlineplus/druginformation.html The United States Senate Subcommittee on Crime and Drugs held a hearing—Body Building Products and Hidden Steroids: Enforcement Barriers—late last month, during which both the Food and Drug Administration and the Drug Enforcement Agency were soundly criticized for not doing more to regulate either the dietary supplement market or those illicit players fielding steroids illegally sold as supplements.

I would urge consumers to consult their physician before taking any of these herbal remedies. Make sure they don’t interact adversely with whatever prescription medications you may be taking right now and make sure they have not been reported as causing harm to users, e.g., kidney or liver failure. Report any adverse reactions immediately to your physician AND to the DEA.

Georgia State Bar Executive Committee Meets in Thomas County, Georgia

November 19, 2009 | Robin Frazer Clark

As a member of the Executive Committee of the State Bar of Georgia, I am proud that our Executive Committee makes a concerted effort to get outside of Atlanta and meet our fellow Georgia Bar members in the four corners of the state. Last week’s meeting in Thomasville, Thomas County, Georgia is a prime example of this. We enjoyed lunch first with many members of the local Thomas County Bar , which is part of the Southern Judicial Circuit. We met at Pebble Hill Plantation in Thomasville, which is a lovely location. The President of the Thomas County Bar Association, Christopher Rodd, was our host for the evening and for the tour of the new Thomas County Courthouse, which is not yet open for business but will be a spectacular venue. It is always a treat for me to meet members of the State Bar from across the state, who, but for my involvement in the State Bar of Georgia, I would likely never have the opportunity to meet. The theme that keeps coming through in these meetings in varied locales is this: the lawyers who comprise the State Bar of Georgia are honorable, dedicated leaders of their communities, who care about justice being served, who care about the less fortunate and who care about the criminal and civil judicial systems in Georgia and the stewardship of those two sacred systems. It is my honor to meet and come to know these lawyers and to discuss the issues they face in their communities that are worlds apart from Atlanta.

Below is a letter from Bryan Cavan, President of the State Bar of Georgia, another honorable lawyer, regarding our wonderful meeting in Thomasville.

Letter to the Editor – November 19, 2009

New 2010 Insurance Institute for Highway Safety Top Safety Picks Are Here

November 18, 2009 | Robin Frazer Clark

The Insurance Institute for Highway Safety’s Top Safety Picks for 2010 came out today and for the first time ever, roof strength was tested and included in the ratings. This means the Institute is seriously acknowledging the likelihood of rollover accidents and the survivability of them depending on what type of car you are in. Automobile manufacturers have traditionally tried to ignore roof crush standards, but they really can’t now. Especially given the high center of gravity of an SUV, that more and more Americans (including Georgians) are driving SUV’s now and, consequently, more rollovers are occurring. The starting premise of the crashworthiness of your vehicle is that your own vehicle should not kill you. This means that if you are in a wreck and the wreck is survivable, your car should not cause your death. In a rollover accident, if the roof is not strong, it will flatten like a pancake, leaving very little room for the occupants of the cab. Sometimes, the roof will crush and hit an occupant’s head and cause severe and even catastrophic neck injuries, e.g., paralysis. I am glad to see the Institute including roof crush standards in its report. Suburu, Ford, Volvo and Volkswagon all fared well in the safety report. Certainly something to consider before buying your next car. Speaking of which, you may also find at this link a brochure about buying safer cars. Consult this when you are next in the market for a new car.

Road Safer Sunday is November 29: Let’s Make Georgia Roads Safer

November 17, 2009 | Robin Frazer Clark

5,000 Deaths a Year Can Be Stopped

By Tom Hodgson

Congress should be commended for its work on the Airline Safety and Pilot Training Improvement Act of 2009 in the U.S. House, and the Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act in the Senate.

Georgia Drivers: Thinking of Renting a U-Haul?

November 6, 2009 | Robin Frazer Clark

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Georgians who may be planning to rent a U-Haul truck should be aware of potential problems in the U-Haul truck fleet with maintenance of their trucks that may present a safety hazard for the driver of the truck or anyone around the truck. This safety issue came to light in a trial in Texas in 2008 in which a 74-year-old man was seriously injured after a parked U-Haul truck he rented rolled over him.

In 2006, Talmidge Waldrip, a Texas resident, parked a rented U-Haul truck in front of a warehouse, set the parking brake and turned off the ignition.When he stepped out of the cab, he fell. The truck rolled, running over Waldrip, crushing his pelvis and lumbar spine, rupturing his bladder and causing a number of other serious injuries. As a result, he has had a numerous surgeries and is now partially paralyzed.

Waldrip sued the truck company, alleging negligence and gross negligence. The key to the case was evidence that the company failed to maintain the brake and transmission systems of its truck fleet properly, including the 18-year-old, 234,000-mile driven truck that caused Waldrip’s injuries. The six jurors returned an $84.25 million verdict in favor of the plaintiff, Talmadge Waldrip, including a $63 million in punitive damages against U-Haul International for failing to maintain its rental trucks in safe working order. U-Haul has appealed the verdict.